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                                                           STATE Of MICHIGAN

                                                           COUNTY OF BERRIEN

                                                    COLOMA CHARTER TOWNSHIP

AN ORDINANCE TO PROVIDE FOR THE REGULATION OF THE IGNITION, DICHARGE AND USE OF CONSUMER FIREWORKS IN THE CHARTER TOWNSHIP OF COLOMA.

This Ordinance will amend the original ordinance Section IX of the Coloma Charter Township Ordinances under Fireworks.

Purpose: This is an ordinance to provide for the regulation of the ignition, discharge and use of consumer fireworks, as allowed under the Michigan Fireworks Safety Act, Act 634 of the public Acts of Michigan of 2018, being MCL 28.451, et seq., as amended.

The Charter Township of Coloma finds that fireworks endanger property, can cause physical injury, and disrupt the peace and quality of residential neighborhoods and other zoning districts. The Charter Township of Coloma endeavors to reconcile the rights that the Act confers upon sellers and consumers, with the rights of citizens and families to reside in a safe, peaceful, and harmonious community. This ordinance is adopted to repeal the existing ordinance under Section IX that conflicted with the Act, and to impose conditions on the time, place, manner of use, discharge, and ignition of fireworks deemed to be within the purview of the local regulation, and to protect the public health, safety and general welfare.

The Township of Coloma ordains:

Section 1: Definitions.

As used in this chapter, the following definitions shall apply:

  • “Act 634” means the Michigan Fireworks Safety Act, Act 634 of the Public Acts of Michigan of 2018, being MCL 28.451, et seq., as it may be amended from time to time.
  • “Consumer Fireworks” means that term as defined in Act 634.
  • “Firework” or “Fireworks” means that term as defined in Act 634.
  • “Homemade Fireworks” means that term as defined in Act 634.
  • “Retailer” means that term as defined in Act 634.
  • “Township” means Township of Coloma.
  • “Wholesaler” means that term as defined in Act 634.

Section 2: Use of Consumer Fireworks Prohibited.

  • Unless otherwise provided in this Ordinance, no person shall ignite, discharge, or use consumer fireworks in the Township.
  • A person may only ignite, discharge, or use consumer fireworks on private property owned or controlled by that person, or with the owner’s permission, in the Township of Coloma on the following days, after 11:00 a.m.:
    • December 31 until 1:00 a.m. on January 1st.
    • The Saturday and Sunday immediately preceding Memorial Day, until 11:45 p.m. on each of those days.
    • June 29th to July 4th until 11:45 p.m. on each of those days.
    • July 5th, if that date is a Friday or Saturday, until 11:45 p.m.
    • The Saturday and Sunday immediately preceding Labor Day until 11:45 p.m. on each of those days.
  • No person shall ignite, discharge, or use consumer fireworks on any public property within the Township of Coloma at any time, including on any public street, Township Park, or at any public access spot with access to either Little Paw Paw Lake or Paw Paw Lake.
  • Burn Ban. Due to the Township’s natural topography, location and extreme weather events, including severe draughts that have become more common in recent years, The Township has a considerable amount of vegetation and farm land which can be highly ignitable in the event of unusually high temperatures combined with the very dry or draught like conditions. In extreme circumstances, the North Berrien Fire Department fire chief may issue a burn ban to protect the residents of the Township of Coloma from health and safety. In the event of a Township wide burn ban on burning, the discharge of fireworks of any nature or sort shall also be temporarily prohibited until the burn ban has been lifted.

Section 4: Firework Safety.

No person shall recklessly endanger the life, health, safety, or well-being of any person and /or property by the ignition, discharge, or use of consumer fireworks. No person under the age of 18 shall purchase any consumer firework in the Township.

Section 5. Applicability of General Ordinances.

Nothing in this ordinance or in the Act shall preclude the enforcement of ordinances prohibiting conduct that is secondary or incidental to the use, discharge, or ignition of fireworks.

Section 6. Violations, Fines and Penalties.

Any person violating the provisions of this chapter shall be guilty of a Civil Infraction, punishable by a fine of $100.00 first offense, $200.00 second offense and $400.00 for every offense thereafter.

Section 7. Special use permits.

Any Township Resident or Guest wishing to ignite consumer fireworks on any other date not specified in this ordinance shall get permission from the Township prior to igniting any consumer fireworks. Township resident and or guest must give exact time, date and what type of firework is to be ignited on said date. No fireworks shall be ignited on any date after 11:45 P.M.

Section 8. Severability.

If any article, section, subsection, sentence, clause, phrase, or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a sperate, distinct, and independent provision and such holding shall not affect the validity of remaining portions of the ordinance it being the intent of the Township that this ordinance shall be fully severable.

Section 9. Effective Date.

Effective: June 10, 2020